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1998 (12) TMI 642
... ... ... ... ..... on proposed is as to whether the sale of pistons known as shim at a discount, was to the extent of the discount allowed, as sales promotion expense for the purpose of disallowance under Section 37(3A) of the Income Tax Act, 1961. The Tribunal has held that the expenditure was not on sales promotion but it was only an instance of sale of the product at a discount and the coupons which the customer was required to send back to claim the discount were only meant to ensure that the discount reached the ultimate buyer and was n....... + More
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1998 (12) TMI 641
... ... ... ... ..... t; 16. There is no finding as to the viability of the scheme at all by the learned single Judge. 17. The order under appeal therefore cannot be sustained. There would be no useful purpose served in keeping the appeal alive which is accordingly treated as on the days list and the stay application and the appeal disposed of by setting aside the order under appeal. This however would not preclude the trial court from reconsidering the scheme as far as the unsecured creditors are concerned or also ascertaining the wishes of th....... + More
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1998 (12) TMI 640
... ... ... ... ..... the final decision rendered by the High Court in the impugned judgment to the effect that the advertisement dated 10th May, 1977 has to be quashed when it sought to fill up the post of Professor in the Department of Ophthalmology by direct recruitment, has to be sustained. The final decision of the High Court is upheld by us entirely on a different reasoning centering round the consideration of the new alternative point No. 3, though the reasoning adopted by the High Court for coming to the said conclusion is not accepted ....... + More
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1998 (12) TMI 639
... ... ... ... ..... ution of the said award decree would result in injustice to the respondent so as to persuade us not to interfere under Article 136 of the Constitution of India with the impugned order of remand. In the fact situation of this case, it must be held that there is no equity in favour of the respondent which would require us not to interfere with these proceedings when under law and also in equity the appellant decree holder is entitled to get the fruits of his award decree especially when despite the award granting installment....... + More
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1998 (12) TMI 638
... ... ... ... ..... unsel for the appellant do not relate to amendment of procedural law, as such those cases are not applicable and finally further, no doubt the learned Counsel for the appellant made reference to a Single Judge decision of this Court in the case of D.P. Divakar v Chairman and Personnel Managing Director, Kudremukh Iron and Ore Company Limited, is not on the point involved in this case, and further in view of the latest decision of the Supreme Court referred above, it has to be taken that the law declared by the Supreme Cour....... + More
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1998 (12) TMI 637
... ... ... ... ..... ntion. 12. The result, therefore, is that the appeal is allowed; the judgment and decree of the court below are set aside; and a decree for the amount claimed in the plaint with interest at 6% per annum from the date of suit is granted in favour of the 1st plaintiff against the defendants, the liability of the 3rd defendant being restricted to that of the agent of the 2nd defendant. The appellants-plaintiffs are entitled to their costs both in this court and the trial court. 13. Carbon copy of this judgment may be granted ....... + More
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1998 (12) TMI 636
... ... ... ... ..... rs under sub-section (6) of section 11 of the Act. Having regard to the nature of the dispute, I am of the opinion that a technical person will be a fit person to act as a sole arbitrator. The respondents have furnished a list of 10 persons, any one of them, in their opinion, can be appointed as arbitrator to decide the disputes and differences arising in this case. In that list, one of the person is Mr. M.C. Desai, retired Chief Engineer of the Gujarat State. Miss Munim, learned Counsel for the petitioners, has also no ob....... + More
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1998 (12) TMI 635
... ... ... ... ..... vices useful to the community, namely, maintenance of water works, lighting or filling of water troughs for cattle. It also protects any land taken under management by a civil, revenue or criminal court as set out therein. There is a further safeguard ensuring that the income from such lands is appropriated for the purposes of a trust covered by Section 129(b). The explanation provides for the grant of a certificate by the collector after holding an inquiry, thus, the clear intention of Section 129 is to protect certain la....... + More
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1998 (12) TMI 634
... ... ... ... ..... Mir Osman Ali Khan (supra) holds the field. Therefore, applying the tests as laid down by the Supreme Court in the case of Nawab Sir Mir Osman Ali Khan (supra), it cannot be said that the land in question belonged to the assessee as on the respective valuation dates. We accordingly hold that the land allotted to the assessee by CIDCO under the licence to construct a housing complex did not belong to the assessee as on the respective valuation dates within the meaning of section 40 of the Finance Act of 1983. The Assessing ....... + More
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1998 (12) TMI 633
... ... ... ... ..... the Supreme Court was of the view that the principle of unjust enrichment is not applicable to a case, where the goods have not been sold as such and are instead captively consumed for manufacturing some other goods, and what is sold is the new product. This is precisely the situation here, and hence the decisions in Bhadrachalam's case (supra) squarely applies to the present case. 10. In the circumstances, this application is allowed. The refund as prayed for shall be granted, and the respondents are directed to refun....... + More
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1998 (12) TMI 632
... ... ... ... ..... stice in the facts of a particular case. As I have already noted in a case where the minority share-holder complains of acts of oppression by the majority, and that is what generally happens in most of the cases, the ends of justice may require that the minority share-holder should be directed to leave the company on payment of proper compensation to him. To ask a majority share-holder who is normally entitled to run the affairs of the company to go out of the company, will not, generally speaking, meet the ends of justice....... + More
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1998 (12) TMI 631
... ... ... ... ..... Company Law Board has come to a finding of fact that the appellant was fully aware of the dealings and that the respondent No. 1 had furnished all the information in respect of the same. The Company Law Board held that the respondent No. 1 was able to furnish every information that was needed to adjudicate on the issues before the Company Law Board and, Therefore, no ground has been made out for an investigation. 20. The said finding of the Company Law Board is a finding of fact and cannot be interfered with by me exercisi....... + More
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1998 (12) TMI 630
... ... ... ... ..... judgment are applied to the facts of this case, the irresistible conclusion is that the defendant has failed to raise any triable issue in this case, The defense taken by the defendant by no stretch of imagination can be said to be fair, bona fide or reasonable. The defense which the defendant has set up is totally frivolous, false, illusory or sham or practically a moonshine. 12. On consideration of the totality of the fact and circumstances, the defendant's application of leave of defendant is liable to be rejected. ....... + More
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1998 (12) TMI 629
... ... ... ... ..... sfer warrant is to be given effect to immediately, which is likely to happen as a result of my judgment in this case, then the prisoner would be transferred to the respective Courts without any further delay and in that event, his appeal before the Honourable Supreme Court of India would become infructuous. Therefore the learned senior counsel submitted that the prisoner transfer warrants concerned in the cases before me, shall be kept in abeyance till 4-1-1999 so as to enable the petitioner to move the Honourable Supreme ....... + More
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1998 (12) TMI 628
... ... ... ... ..... n deposit of the aforesaid amount in time by the respondent-company, the company petition shall stand dismissed. (iii) Upon deposit of the said amount by the respondent company before this Court the Prothonotary and Senior Master shall invest the said amount in fixed deposit of any Nationalised Bank initially for a period of 3 years and renewable thereafter, if necessary. The amount deposited and interest acquired thereon shall be credited in the account of the suit that may be filed by the petitioners for recovery of the ....... + More
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1998 (12) TMI 627
... ... ... ... ..... presence could have been procured and they could have been produced before the Enquiry Officer to prove the charge framed against the appellant. He has acted so arbitrarily in the matter and has found the appellant guilty in such a coarse manner that it becomes apparent that he was merely carrying out the command from some superior officer who perhaps directed fix him up . For the reasons stated above, the appeals are allowed. The judgment and order dated 28th February, 1997, passed by the Central Administrative Tribunal, ....... + More
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1998 (12) TMI 626
... ... ... ... ..... o be dismissed. In O. S. No. 723 of 1992 the decree declaring the meeting held on August 18, 1992, and August 29, 1992, as illegal and void is upheld for the reasons stated in this judgment. The decisions to lease the hospital and purchase the equipment taken on August 18, 1992, will not bind the plaintiffs and the company. In O. S. No. 41 of 1993, the declaration granted that there was no valid forfeiture or transfer of the shares held by the first plaintiff in O. S. No. 723 of 1992 and that she continues to be a sharehol....... + More
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1998 (12) TMI 625
... ... ... ... ..... is favour. 12. No action can be termed as bona fide if it lacks due care and caution. The respondent was making its claim under statutory provisions which were clear and unambigouous. Therefore, it cannot be said that its claim that the purchases were exempt from tax was bona fide. It was nothing short of gambling and the dealer having lost must compensate the State for withholding the money that was due to it. 13. In my view, therefore, the Tribunal's order holding that the dealer's claim was bona fide, was errone....... + More
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1998 (12) TMI 624
... ... ... ... ..... ions involving personal liberty since such a case stands on a different footing altogether. o p /o p We have no doubt that the above rule of public policy, for the very same reasoning, should apply to special leave petitions filed under Art.136 of the Constitution also. o p /o p Even otherwise, the order passed by the Division Bench of the High Court on 3.5.1998 does not warrant interference on merits as the learned judges of the High Court have taken into account all the relevant facts and came to the correct conclusion. ....... + More
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1998 (12) TMI 623
... ... ... ... ..... the instance of a party which does not fulfil the requisite criteria itself and whose offer is higher than the offer which has been accepted, It is also obvious that by stopping the performance of the contract so awarded, there is a major detriment to the public because the construction of two thermal power units, each of 210 MWs., is held up on account of this dispute. Shortages of power have become notorious. They also seriously affect industrial development and the resulting job opportunities for a large number of peopl....... + More
